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Author: Kerry Murphy

  • INTERNATIONAL

    Paying for stopping the boats

    • Kerry Murphy
    • 29 April 2016
    9 Comments

    This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.

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  • AUSTRALIA

    No retrospective fix for traumatised refugees

    • Kerry Murphy
    • 05 February 2016
    6 Comments

    The practice of governments using the Parliament to change the law in order to win court cases is unfair, as only one party to a court case has the power to do this. The M68 case decided on Wednesday, which challenged the detention and transfer to Nauru of asylum seekers, was effectively won by the government because they changed the law retrospectively to make sure they would win. No retrospective fix will be possible for people who fled persecution only to face a punitive and hostile policy.

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  • AUSTRALIA

    Hamid crushed by Australia's immigration laws

    • Kerry Murphy
    • 28 September 2015
    10 Comments

    Hamid is stateless, and came to Australia by boat in mid 2012. He will never get permanent residence, because of his age or because the law states that if you ever held a TPV, you can never get the permanent protection visa. When I explained this to him, I thought might cry. He is now unable to see a way of getting a long term solution for himself and his family, all because of the need to punish refugees who arrive in Australia by boat.

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  • AUSTRALIA

    Asylum seekers are people like us

    • Kerry Murphy
    • 11 September 2015
    2 Comments

    Some refugee advocates will almost deify the refugee, and take away their humanity by making it seem that the refugee is always right. In reality refugees make bad decisions, tell lies and exaggerate, just like the rest of us. But that does not mean they're contemptible. Recognising their humanity makes it easier to feel empathy with them, and less likely we will fear them. 

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  • AUSTRALIA

    Syrian refugee settlement in Australia must be permanent

    • Kerry Murphy
    • 09 September 2015
    8 Comments

    The Kosovar solution is not a good one. In 1999, 4000 Kosovars were brought to Australia on a TSHV initially for three months but what turned out being several years. Legislative bars were created to prevent them from applying for any other visa whilst here, including protection visas. If we just hand out temporary visas to the Syrians, they will be in limbo and their ability to resettle and contribute to their new country is diminished.

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  • AUSTRALIA

    Border Force Keystone Cops no laughing matter

    • Kerry Murphy
    • 04 September 2015
    18 Comments

    While we can shake our heads and laugh at last week's farce in Melbourne, we should be more concerned about the many ways this government is punishing refugees in the law, using language to demonise people and and setting up systems geared to rejecting applications. We don't need black uniforms and guns, or any form of militarisation and politicisation of Immigration.

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  • AUSTRALIA

    The problematic 'saving lives at sea' argument

    • Kerry Murphy
    • 28 July 2015
    35 Comments

    When refugee advocates criticise harsh policies such as boat turnbacks, they are confronted with claims that the measures are necessary for saving lives at sea. This justification has dominated the debate to the extent that any policy which further restricts refugee rights becomes justifiable on this ground. Imagine a proposal to ban cars because there were too many people killed and injured on the roads.

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  • AUSTRALIA

    Terrorist or criminal? Why it matters

    • Kerry Murphy
    • 17 July 2015
    7 Comments

    How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.

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  • AUSTRALIA

    Australian citizenship as a political plaything

    • Kerry Murphy
    • 29 May 2015
    4 Comments

    The Federal Government plans to legislate within weeks to strip certain dual nationals of their Australian citizenship. Extending the already existing draconian ministerial power to overturn review tribunal decisions into the area of citizenship is unwarranted. Such an important determination should require the testing of solid evidence, not merely a minister's assessment of the 'national interest'.

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  • AUSTRALIA

    Uncle Kevin's letters home from the war

    • Kerry Murphy
    • 24 April 2015
    3 Comments

    I never met my uncle Kevin, who was killed on 9 February 1942 in Singapore. However we were fortunate to have a collection of his letters home from Malaya and reading his letters gives a brief glimpse into his life at war. His final signoff to my grandmother was: 'We’ve still to get our first shock yet but after the first few enemy "bangs" I guess there will be nothing to it.'

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  • AUSTRALIA

    The Government's delusory tolerance rhetoric

    • Kerry Murphy
    • 03 March 2015
    10 Comments

    Prime Minister Abbott's National Security Statement quite rightly spoke of threats to Australia and the need to address them. Many of his utterances might seem uncontroversial: 'Those who live here must be as tolerant of others as we are of them'. But in fact they ignore the way people 'who come here' are treated according to 'how' they came here. The language used to describe them reflects an attitude that is far from tolerant.

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  • AUSTRALIA

    Asylum seeker Ali's successful day in court

    • Kerry Murphy
    • 13 February 2015
    23 Comments

    Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.

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